Is there a real need for a federal cap on non-economic damages in medical malpractice suits (to be voted on by the US Senate)? It is widely claimed that frivolous medical malpractice suits are on the increase, causing healthcare costs to rise and enriching only claimant lawyers. The recent research conducted by Harvard School of Public Health (HSPH), Brigham and Women's Hospital and the Harvard Risk Management Foundation shows that no evidence of increase in frivolous suits exists (published in The New England Journal of Medicine, Volume 354: 2024 - 2033, May 11, 2006). The research demonstrates that most medical malpractice suits are actually justified (involve medical errors).
The researchers suggest that, instead of trying to cap damages or limit attorneys' fees, the legislators should focus on "streamlining the processing of claims that do belong".